BOTAD DISTRICT PANCHAYAT Vs. RAGHAVBHAI B JADAV

JUDGEMENT

(1.) By way of present application, Botad District Panchayat has requested to grant leave to appeal to challenge a common oral order dtd. 9/2/2016 passed by the learned Single Judge in Special Civil Application No.16405/2012 with Civil Application No.13487/2015.

(2.) In response to the notice issued by this Court, the original petitioner - employee has appeared through learned advocate Mr. Aaditya Bhatt and has filed affidavit in reply dtd. 22/9/2022 to which no affidavit in rejoinder is filed.

(3.) Learned advocate Mr. Kash Thakkar appearing for the applicant - Botad District Panchayat would submit that when the petition was filed, only Bhavnagar District Panchayat was joined as respondent, however during the pendency of the petition, Bhavnagar District was bifurcated in the year 2014 and Botad District was established and therefore, Botad District Panchayat ought to have been joined as party respondent. He therefore would submit that as the original petitioner is employee of Botad District Panchayat, the applicant should have been joined as party respondent and therefore, has requested to allow the present application for leave to appeal.